then and now robert n hitchins 617 john a eden 617 ... · reviewed by alexandra l barratt 604...

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MJA Vol 176 17 June 2002 565 LETTERS Thrombophilia screening and adverse pregnancy outcomes associated with uteroplacental insufficiency David Morgans 617 Safety of hormone replacement therapy after mastectomy Robert N Hitchins 617 John A Eden 617 Christopher M Pyke 618 Christopher B Del Mar, Paul P Glasziou 618 Genotype–phenotype correlations with personality traits of healthcare professionals: a new use for the Human Genome Project Lachlan Brown 620 Dominic A Fitzgerald, David Isaacs 620 C Ross Philpot 620 OBITUARY Wallace Ironside, by Graeme C Smith 593 BOOK REVIEWS Decision making in health and medicine. Integrating evidence and values, reviewed by Alexandra L Barratt 604 SNAPSHOT Collapse Dan Harmelin 619 IN THIS ISSUE . . . 567 BOOKS RECEIVED 593 IN OTHER JOURNALS . . . 616 COVER: Courtesy of the Canadian Medical Association Journal. Reproduced with permission. LAWYERS THEN AND NOW In the Roman era lawyers were forbidden by the Cincian law from raising fees or receiving gifts from people who consulted them. This effectively ensured that the practice of law was the province of wealthy Romans who were driven by a desire to serve their countrymen pro bono publico . Alas, the prohibition did not last. Juvenal, the famed Roman satirist, noted that the legal profession had become venal. Pliny also lamented that all attempts to restrain the rapacity of lawyers were artfully eluded. Some 2000 years on, have things changed? Undoubtedly, the law is a learned profession, and at the core of any profession is public accountability and ethical practice. However, the latter seems to have a low priority: codes of ethics are listed on only two of 13 Australian legal societies’ websites. Furthermore, public accountability will remain elusive as long as the law remains ensconced in cathedrals impervious to public scrutiny, and its high priests and their adversarial acolytes communicate in arcane language. The ultimate hallmark of any profession should be altruism. Yet we now witness the destructive effects of our current courtroom culture on the viability of some medical specialties, the promotion of defensive medicine, and the current medical indemnity crisis. Indeed, the preoccupation of some lawyers with legal lucre moved Richard Ingrams, editor of Private Eye, to remark that law courts are not cathedrals, but casinos — “when a judge begins to sum up at the end of a case, it is, for me, as if someone has twirled a roulette and we look anxiously to see whether the ball will fall in the red or black”. Plus ça change, plus c’est la même chose.* Martin B Van Der Weyden *“The more things change, the more they stay the same.”

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Page 1: THEN AND NOW Robert N Hitchins 617 John A Eden 617 ... · reviewed by Alexandra L Barratt 604 SNAPSHOT Collapse Dan Harmelin 619 IN THIS ISSUE. . . 567 BOOKS RECEIVED 593 IN OTHER

MJA Vol 176 17 June 2002 565

LETTERS

Thrombophilia screening and adverse pregnancy outcomes associated with uteroplacental insufficiencyDavid Morgans 617

Safety of hormone replacement therapy after mastectomyRobert N Hitchins 617John A Eden 617Christopher M Pyke 618Christopher B Del Mar, Paul P Glasziou 618

Genotype–phenotype correlations with personality traits of healthcare professionals: a new use for the Human Genome ProjectLachlan Brown 620Dominic A Fitzgerald, David Isaacs 620C Ross Philpot 620

OBITUARY

Wallace Ironside,by Graeme C Smith 593

BOOK REVIEWS

Decision making in health and medicine. Integrating evidence and values,reviewed by Alexandra L Barratt 604

SNAPSHOT

CollapseDan Harmelin 619

IN THIS ISSUE . . . 567

BOOKS RECEIVED 593

IN OTHER JOURNALS . . . 616

COVER: Courtesy of the Canadian Medical Association Journal. Reproduced with permission.

LAWYERS – THEN AND NOW

In the Roman era lawyers were forbidden by the Cincian law from raising fees or receiving gifts from people who consulted them. This effectively ensured that the practice of law was the province of wealthy Romans who were driven by a desire to serve their countrymen pro bono publico. Alas, the prohibition did not last. Juvenal, the famed Roman satirist, noted that the legal profession had become venal. Pliny also lamented that all attempts to restrain the rapacity of lawyers were artfully eluded.

Some 2000 years on, have things changed?

Undoubtedly, the law is a learned profession, and at the core of any profession is public accountability and ethical practice. However, the latter seems to have a low priority: codes of ethics are listed on only two of 13 Australian legal societies’ websites.

Furthermore, public accountability will remain elusive as long as the law remains ensconced in cathedrals impervious to public scrutiny, and its high priests and their adversarial acolytes communicate in arcane language.

The ultimate hallmark of any profession should be altruism. Yet we now witness the destructive effects of our current courtroom culture on the viability of some medical specialties, the promotion of defensive medicine, and the current medical indemnity crisis.

Indeed, the preoccupation of some lawyers with legal lucre moved Richard Ingrams, editor of Private Eye, to remark that law courts are not cathedrals, but casinos — “when a judge begins to sum up at the end of a case, it is, for me, as if someone has twirled a roulette and we look anxiously to see whether the ball will fall in the red or black”.

Plus ça change, plus c’est la même chose.*

Martin B Van Der Weyden

*“The more things change, the more they stay the same.”

Page 2: THEN AND NOW Robert N Hitchins 617 John A Eden 617 ... · reviewed by Alexandra L Barratt 604 SNAPSHOT Collapse Dan Harmelin 619 IN THIS ISSUE. . . 567 BOOKS RECEIVED 593 IN OTHER

566 MJA Vol 176 17 June 2002